Special Education Due Process Hearing Decisions

The Office of Legal Services is responsible for the public dissemination of special education due process hearing decisions in accordance with 20 U.S.C. §§1415(h)(4)(A) and 1417(c). Section 1415(h)(4)(A) requires that hearing decisions be made available to the public consistent with the requirements of section 1417(c) relating to the confidentiality of data, information, and records. Section 1417(c) requires the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary of Education and by state and local education agencies.

The Office of Legal Services removes the following information from special education due process hearing decisions:

Name, including initials, of student and parents

Student's age

Student's grade

Campus name, including "elementary," "middle," or "high"

Names (but not titles) of all district and campus personnel

Names (but not titles) of all private providers

All other student information that directly identifies a student or that if disclosed would allow the student's identity to be easily traced